![]() ![]() She said that both Goldsmith’s photo and Warhol’s silk screen are used to depict Prince in magazine stories and share “substantially the same purpose,” even if Warhol altered the artist’s expression. Sotomayor focused on the commercial purpose of both works. Here, Sotomayor said “fair use” should not apply to an image Warhol created that is referred to as “Orange Prince.” “Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor wrote in the majority opinion, referring to Lynn Goldsmith, the photographer at the center of the case.Īt issue is the so-called “fair use” doctrine in copyright law that permits the unlicensed use of copyright-protected works in certain circumstances. The opinion has been closely anticipated by the global art world watching to see how the court would balance an artist’s freedom to borrow from existing works and the restrictions of copyright law. Behind the scenes in 2000 when Supreme Court liberals thought Nazi and Dred Scott references in gay rights dissent were distracting ![]()
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